Barr. (Mrs.) Amanda Peters Pam & Anor Vs Nasiru Mohammed& Anor (2008)

LAWGLOBAL HUB Lead Judgment Report

A. OGUNTADE, JSC

The 1st respondent was the plaintiff at the Federal High Court, Abuja where he brought a claim against the appellants and the 2nd respondent as the defendants claiming the following reliefs:

“1. A Declaration that the 2nd defendant’s letter of 19th February, 2007, to the 1st defendant applying to substitute the Plaintiff Nasiru Muhammad as the 2nd defendant’s candidate for the April 2007 Abuja Municipal Area Council AMAC/ BWARI Federal House of Representative Election is illegal, null, void and of no effect whatsoever.

A Declaration that the 1st Defendant cannot in law act upon the 2nd Defendant’s application as contained in the letter of 19th February, 2007, to effect a substitution of the plaintiff with 3rd defendant as the 2nd defendant’s candidate for the April 2007 AMAC/BWARI Federal House of Representative Election.

A Declaration that by virtue of the provision of section 34(2) of the Electoral Act, 2006, the letter dated 19th February, 2007, written by the 2nd defendant to the 1st defendant seeking to substitute the plaintiffs name does not provide any cogent and verifiable reason sufficient in law to warrant a substitution of the plaintiffs name by the 1st defendant.

An Order of injunction restraining the 1st defendant from acting, carrying into effect or doing anything whatsoever based on the 2nd defendant’s application for substitution as contained in the letter of 19th February, 2007, to the 1st defendant as same is illegal, null, void and of no effect whatsoever.

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An Order setting aside anything and everything done by the 1st defendant pursuant to the letter of 19/2/07 for the 2nd Defendant to the 1st defendant.

An Order setting aside the substitution form purported to have been filed by the plaintiff as illegal, null, void and of no effect whatsoever.

An Order against the 1st defendant by itself, its agent, privies, servants or howsoever described directing a retention of the plaintiffs name as the duly nominated candidate of the 2nd defendant for the AMAC/BWARI Federal House of Representatives.

An Order quashing and nullifying the purported substitution of the plaintiff by the letter dated 19th February, 2007, purporting to have been issued by the 2nd defendant.

An Order quashing, nullifying and setting aside the FORGED FORM CF004 A purportedly signed by the plaintiff in favour of the said AUSTEN PETER-PAM AMANDA 1.

An Order affirming the plaintiff as the legitimate and bonafide candidate of the 2nd defendant for the April 2007 election into the Federal house of Representatives in respect of the Abuja Municipal Area Council/Bwari Federal Constituency.”

At the completion of hearing on 5-04-07, the trial court gave judgment in favour of the 1st respondent in accordance with the reliefs he sought from the court. Later however, the 1st appellant brought an application that the judgment given on 5-04-07 be set aside on the ground that she had not been served with the processes leading to the judgment. The 1st respondent in whose favour the judgment on 5-04-07 had been given did not oppose the application. The trial judge Tijani Abubakar J had no difficulty in setting aside the said judgment on 18-04-07.